Status September 2022
These terms and conditions apply to contracts for the rental of rooms for accommodation, as well as all services provided to the contracting party or guest (accommodation contract). These General Terms and Conditions are also a contractual component of the order for events placed with the Parkhotel-Hirschwang by the organizer. The organizer/contract partner submits to these conditions, as well as to the relevant trade regulations and assumes liability for their compliance by placing the order.
2. DEFINITION OF TERMS
“Host”: means Parkhotel Hirschwang (PH), which accommodates the Guests for a fee or provides the premises for holding an event for a fee.
“Guest”: is a natural person who uses accommodation. As a rule, the guest is also the contractual partner. Those persons who arrive with the contract partner (e.g. family members, friends, etc.) are also considered guests.
“Organizer”: Is a natural or legal person, domestic or foreign, who holds an event on the premises of the Parkhotel Hischwang (PH) and is subject to the relevant administrative regulations (especially those of trade law) and is liable for their compliance.
“Party”: is a natural or legal person of the country or abroad who concludes an accommodation contract or places the order for an event as a guest or for a guest.
“Consumer” and “Entrepreneur”: The terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
“Accommodation Agreement”: Is the contract concluded between the accommodation provider and the contracting party, the content of which is subsequently regulated in more detail.
3. CONCLUSION OF THE CONTRACT
3.1. The accommodation contract is concluded by the acceptance of the written or oral order of the contracting party by the Parkhotel Hirschwang. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances.
3.2. In case of doubt, the ordering party shall be deemed to be the contractual partner, even if he/she has ordered or co-ordered for other named persons.
3.3. Persons using the accommodation are guests in the sense of the contractual conditions.
3.4 The subletting or reletting of the rooms provided, as well as the use for purposes other than accommodation, require the prior written consent of the hotel.
3.5 The Parkhotel Hirschwang can demand a deposit or the advance payment of the total agreed fee. If a deposit or advance payment is requested for the reservation and it is not paid within the agreed period, the reservation commitment is considered invalid.
3.6 In case of registration of several persons, groups, travel, seminar and conference events, the Parkhotel Hirschwang must be informed of the number of rooms required up to 4 weeks before arrival or event.
3.7. The exact number of participants must be announced no later than 1 week before the event. This number is considered the guaranteed minimum number of participants and will be charged to the contract partner in any case. If there are more persons (than ordered), the actual number of persons present will be charged.
3.8. If the reservation confirmation differs from the content of the registration, the content of the reservation confirmation becomes part of the contract at the latest with the acceptance of the services, unless the guest has immediately objected.
4. START AND END OF THE ACCOMMODATION
4.1. Subject to separate agreements, room occupancy (check-in time) is not possible before 3:00 p.m. on the agreed day of arrival.
4.2. The room must be returned (check-out time) no later than 11:00 am on the day of departure. If the guest does not vacate his room by 11:00 a.m., the Parkhotel is entitled to charge the room rate for another day.
4.3. Arrival for reserved rooms must be no later than 18.00 in the case of an unguaranteed reservation. In the case of a guaranteed reservation (a deposit, advance payment or a guarantee has been made), arrival must be made by 9:30 pm. If this does not happen, the Parkhotel Hirschwang can withdraw from the contract and thus dispose of the room otherwise, unless a later arrival time has been agreed.
4.4. An extension of the stay by the guest requires the consent of the Parkhotel Hirschwang.
Withdrawal by the accommodation provider
4.5 The Accommodation Agreement may be terminated by the Proprietor for objectively justified reasons by unilateral declaration no later than 3 months before the agreed date of arrival of the Guest, unless otherwise agreed.
4.6. The Parkhotel Hirschwang is entitled to dissolve the contractual relationship (accommodation, event) with immediate effect if the guest/organizer
a) makes a considerably disadvantageous use of the premises or, by his/her inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other residents to live together or is guilty of a punishable act against property, morality or physical safety towards the accommodation provider and the persons attributable to him/her (employees) or a person living in the accommodation establishment;
b) is afflicted with a contagious disease or a disease exceeding the period of accommodation or is in need of care;
c) the event endangers the smooth running of the business, the organizer violates legal requirements or the reputation and safety of the house are at risk.
d) does not pay the invoice presented to him (invoice for the down payment, interim invoice, etc.) upon request within a reasonably set period.
4.7. If the fulfillment of the contract becomes impossible due to an event to be considered as force majeure, the contract shall be terminated. In such a case, the Parkhotel Hirschwang will make every effort to procure adequate alternative accommodation. If it is not possible to provide substitute accommodation, the Parkhotel Hirschwang will reimburse the guest on a pro rata basis for any payment received. Any further claims for damages etc. of the contractual partner are excluded.
4.8. The assertion of claims for compensation by the Contractual Partner shall be excluded in the cases of items 4.5. until 4.7. excluded.
Withdrawal by the contracting party – cancellation fee
4.9. Up to 4 weeks before the agreed date of arrival of the guest, the accommodation contract/event contract can be cancelled without payment of a cancellation fee by unilateral declaration by the contracting party.
4.10. Outside of the time limit specified in point 4.9. The withdrawal from the contract by unilateral declaration of the contracting party (cancellation) is possible only with the establishment of the following fees:
– up to 3 weeks before the agreed arrival date 30 % of the total arrangement price
– up to 2 weeks before the agreed arrival date 50% of the total arrangement price
– after that 100 % from the total arrangement price
5. PROVISION OF SUBSTITUTE ACCOMMODATION
5.1. The Proprietor is entitled to provide the Guest with adequate substitute accommodation if this is reasonable for the Guest, especially because the deviation is minor and objectively justified.
5.2. An objective justification is given, for example, if the use of the premises has become objectively unreasonable, already accommodated guests extend their stay or other important operational measures require this step.
5.3. Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.
6.1. The contractual scope of services provided by the Proprietor is based on the brochure details (advertising folders) or the agreements made with the Party.
6.2. If the agreement is based on full board of the guest and the guest receives lunch on the first day, the performance of the accommodation provider ends with breakfast on the day of departure otherwise with lunch. Half board basically includes breakfast and dinner, unless otherwise agreed with the contracting party.
6.3. If a guest, for whatever reason, does not take a meal, he/she has the right to request an appropriate substitute meal (packed lunch) if he/she reports this no later than 6:00 p.m. of the previous day. If the guest does not report the cancellation of the meal or does not report it in time, he/she is not entitled to a substitute meal or to a (pro rata) refund or to a reduction of the agreed fee.
7. RIGHTS OF THE CONTRACTUAL PARTNER
7.1. By entering into the Accommodation Agreement, the Party acquires the right to the usual use of the rented rooms, the facilities of the Proprietor, which are usually and without special conditions accessible, and to the usual service. The contracting party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
8. OBLIGATIONS OF THE CONTRACTUAL PARTNER
8.1.1. The contracting party is obligated to pay the agreed fee plus any additional amounts that have arisen due to separate use of services by the contracting party and/or the guests accompanying the contracting party plus the statutory value added tax (VAT) without deduction of a cash discount no later than at the time of departure.
8.1.2. The accommodation provider is not obliged to accept foreign currencies or non-cash means of payment such as checks, credit cards, receipts, etc. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the daily exchange rate where possible. Should the Proprietor accept foreign currencies or a cashless method of payment by check, credit cards, etc., the Party shall bear all related costs, such as inquiries with credit card companies, banking institutions, etc..
8.1.3. If the guest terminates his stay prematurely, he shall nevertheless remain obligated to pay the remaining remuneration, unless he proves that the accommodation provider has failed to provide a reasonable subletting.
8.1.4. The place of performance for payment obligations is the registered office of the Proprietor.
8.1.5. Payments from credit card companies, checks or bills of exchange are only made on account of performance.
8.1.6. All listed prices are in Euro (€) incl. Taxes and service charge. The municipality-dependent accommodation tax is not included in the room rate.
8.2. Other duties
8.2.1. The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept the Proprietor’s services with the knowledge or will of the Party.
8.2.2. Complaints of any kind must be made to the reception or the service manager immediately after the defect is discovered. Late complaints will not be accepted.
8.2.3. The organizer is liable for damages caused by guests, employees or agents of the organizer.
8.2.4. Third persons are allowed to enter the floor area only after prior notification to the reception.
9. RIGHTS OF THE HOST
9.1. The consumption of brought food and/or beverages in public premises of the Parkhotel Hirschwang is prohibited.
9.2 If the Party refuses to pay the agreed remuneration or is in arrears therewith, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) as well as the statutory lien pursuant to Section 1101 ABGB on the items brought in by the Party or the Guest. The Proprietor shall furthermore be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.
9.3 The Proprietor shall have the right to invoice or interim invoice at any time.
10. OBLIGATIONS OF THE HOST
10.1. The accommodation provider is obliged to provide the agreed services to an extent that corresponds to the standard.
10.2. Special services provided by the accommodation provider that are not included in the accommodation fee are exemplary:
– Accommodation of animals
– Extra beds
11. LIABILITY AND LIMITATIONS OF LIABILITY
11.1. The contracting party is liable for any damage and disadvantage suffered by the accommodation provider or third persons due to his fault or the fault of his companions or other persons for whom he is responsible. The Party shall indemnify and hold harmless the Proprietor for any and all damages. The provisions of the Austrian law on damages shall apply (see also item 8.2.1.).
11.2. The Proprietor shall be liable for the items brought in by the Party in accordance with §§ 970 ff ABGB. The Proprietor shall only be liable if the items have been stored in the room safe and the Proprietor is unable to prove that the damage was neither caused by him or his employees nor by third parties entering and leaving the house.
Pursuant to Section 970 (1) of the Austrian General Civil Code (ABGB), the Proprietor shall be liable for items brought in up to a maximum of the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time (currently: 1,100 euros).
If the Party or the Guest fails to immediately comply with the Proprietor’s request to deposit their belongings in a special storage place, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault on the part of the contractual partner or guest shall be taken into account.
11.3. The liability of the accommodation provider is excluded for slight negligence (except for personal injury). If the contractual partner is an entrepreneur, liability is also excluded for gross negligence. In this case, the contractual partner shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits will not be compensated under any circumstances. In any case, the damage to be compensated finds its limit in the amount of the trust interest.
11.4. For valuables, money and securities the accommodation provider is liable according to § 970a ABGB (Austrian Civil Code) up to a maximum amount of 550 Euros, unless he has taken it for safekeeping with knowledge of its condition or the damage was caused by the accommodation provider himself or his staff. The liability of the Host is in any case limited with the coverage of the concluded liability insurance. The safekeeping of valuables, money and securities may be refused if the items are significantly more valuable than guests of the establishment in question usually give into safekeeping.
11.5. Items shall be deemed to have been brought in if they have been taken over by a person in the service of the Proprietor or have been brought to a place designated for this purpose by the Proprietor.
11.6 The Proprietor shall not be liable to the Guest or the Party if the provision of services becomes impossible due to force majeure. In such a case, the Proprietor shall endeavor to procure equivalent services elsewhere.
11.7. The Proprietor shall be liable for damage caused by motor vehicles parked in a parking space provided by the Hotel exclusively in accordance with the liability insurance concluded for this purpose.
12. ANIMAL HUSBANDRY
12.1. The accommodation of pets is allowed in the Parkhotel only with the prior consent of the accommodation provider. In the event that pets are accommodated, the contract partner will be charged a corresponding fee for the accommodation.
12.2. Animals are not allowed in the public areas such as the restaurant, bar, wellness area, etc.
12.3 The guest who takes an animal with him is obliged to keep or supervise this animal properly during his stay, or to have it kept or supervised by a suitable third party at his expense.
12.4 The contracting party or guest is liable for damage caused by animals brought along in accordance with the legal provisions applicable to the animal owner (esp. § 1320 ABGB).
13.1. The decoration of function rooms requires a special agreement.
13.2. In the event that the decoration of event rooms has been permitted, the contract partner is obliged to have the installation of decoration material carried out exclusively by specialist personnel in compliance with fire regulations. All costs arising from the production and dismantling of decoration material shall be borne by the Contractual Partner.
14. PLACE OF PERFORMANCE AND JURISDICTION
14.1. The place of performance is the place where the accommodating establishment is located (2651 Reichenau, Trautenberg-Straße 1).
14.2. The Accommodation Agreement is subject to Austrian formal and substantive law. The rules of international private law (esp. IPRG and EVU) as well as UN sales law are expressly excluded.
14.3. For all disputes arising from the accommodation contract, it is agreed that the court with subject-matter and local jurisdiction for the accommodation establishment shall have jurisdiction, unless
a) the contracting party or guest as a consumer has a place of employment or residence located in Germany. In this case, the place of jurisdiction shall be the place indicated by the guest in the registration;
b) the contracting party or guest, as a consumer, has only one domestic place of employment
In this case, this is agreed as the place of jurisdiction.
15.1. Wake-up orders, information, mail and goods shipments are made without obligation. The guest cannot derive any claims of any kind from this.
15.2. Before using electrical devices brought by the guest and which are not part of the usual travel requirements, the consent of the accommodation provider must be obtained.
15.3. Lost property (things left lying around) will be forwarded on request against reimbursement of costs. The retention period for lost property is 6 months.
15.4. We expressly reserve the right to correct errors as well as printing and calculation errors.
15.5. Verbal agreements are only effective if they have been confirmed in writing by the accommodation provider.
15.6. Unless the above provisions provide otherwise, the running of a time limit shall commence upon delivery of the document setting the time limit to the contracting party, which shall observe the time limit. In case of calculation of a term determined by days, the day in which the time or event falls, according to which the beginning of the term shall be determined, shall not be counted. Deadlines determined by weeks or months refer to that day of the week or month which by its designation or number corresponds to the day from which the deadline is to be paid. If this day is missing in the month, the last day in this month is decisive.
15.7. Unless otherwise specified, declarations must be received by the other contracting party on the last day of the period (midnight).
15.8. The Proprietor shall be entitled to set off claims of the Party against its own claims. The Party shall not be entitled to set off its own claims against claims of the Proprietor, unless the Proprietor is insolvent or the Party’s claim has been determined by a court or recognized by the Proprietor.
15.9. Should any of the above provisions be invalid, this shall not affect the validity of the other provisions. In place of the invalid provision, a valid provision that comes as close as possible to it shall apply. In the event of regulatory gaps, the relevant statutory provisions shall apply.